| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to civil liability of municipalities for failure to comply |
|
|
with immigration detainer requests. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter B, Chapter 101, Civil Practice and |
|
|
Remedies Code, is amended by adding Section 101.0216 to read as |
|
|
follows: |
|
|
Sec. 101.0216. LIABILITY OF MUNICIPALITY FOR FAILURE TO |
|
|
COMPLY WITH IMMIGRATION DETAINER REQUEST. (a) Except as provided |
|
|
by Subsection (e), a municipality that releases from custody a |
|
|
person who is the subject of an immigration detainer request issued |
|
|
by United States Immigration and Customs Enforcement is liable for |
|
|
damages resulting from a felony committed by the person in this |
|
|
state within 10 years following the person's release if: |
|
|
(1) the municipality did not detain the person as |
|
|
requested; |
|
|
(2) the person was not a citizen of the United States |
|
|
at the time of release; and |
|
|
(3) the attorney general has filed a petition or |
|
|
applied for equitable relief under Section 752.055, Government |
|
|
Code, against the municipality. |
|
|
(b) An immigration detainer request described by Subsection |
|
|
(a) is presumed to be valid, regardless of whether the detainer is |
|
|
written or verbal. |
|
|
(c) This section does not create liability for damages that |
|
|
a person who is subject to an immigration detainer request sustains |
|
|
following the person's release by a municipality. |
|
|
(d) Governmental immunity of a municipality to suit is |
|
|
waived and abolished to the extent of liability created by this |
|
|
section. |
|
|
(e) A municipality is not liable under Subsection (a) for |
|
|
damages incurred after United States Immigration and Customs |
|
|
Enforcement subsequently detains the person described by that |
|
|
subsection. |
|
|
SECTION 2. Section 101.0216, Civil Practice and Remedies |
|
|
Code, as added by this Act, applies only with respect to the release |
|
|
of a person from custody on or after the effective date of this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2021. |